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1 a) CIL and the use of Section 106

Last Modified August 04, 2016
 

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The Community Infrastructure Levy (CIL) is paid on qualifying development irrespective of the impact of development or infrastructure requirements in the local area; it has replaced the use of ‘tariff’ style s106 contributions for general infrastructure. The council’s CIL charging schedule is set out in Part 4 of this Framework. There may however be circumstances, particularly on larger sites, where a development requires certain aspects of design, mitigation works, or a specific piece of infrastructure to be in place. Where such requirements have not been prioritised for expenditure from CIL, or cannot be secured for delivery through another funding source, they will need to be secured through a s106 agreement in addition to the CIL payment.

The council has not proposed a CIL charge for residential development in the majority of the area covered by the ’Elstree Way Corridor Area Action Plan’ and will instead facilitate the delivery of the necessary infrastructure solely through s106 on most sites within the Elstree Way Corridor (EWC). The rationale for this is that development in the area will be transformational, with a clear need for infrastructure to be supplied in tandem with development. The approach the council adopted in the EWC is set out in Section 9.

The council will set out what it proposes to spend CIL towards in its ‘Regulation 123 ’ list; the list will be regularly reviewed and consulted on and demonstrate the broad range and type of infrastructure that it is likely the Council will seek to spend CIL funds upon. How the council will use CIL and allocate schemes to the Regulation 123 list, is covered in Section 5 of this framework.

The council will seek to provide the maximum transparency and will be guided by the various stakeholders who form part of the ‘Development Team Approach’, which is discussed in Section 3.


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